What are the consequences of filing an I-526 petition with a pending EB-3 AOS?

I have a pending EB-3 AOS (I-485) with a priority date of February of 2006. Given the serious retrogression while I am waiting for my priority date, what are the potential ramifications of filing an EB-5 visa with combined marital assets and income, and interfile with that approval notice and adjust status with the old I-485?

Based on the information provided, you may be able to adjust with an approval of an I-526. You may need to file a new I-485 application. Be aware that I-526 petitions may take 12 months to be processed.

There are no potential ramifications. Assuming your I-526 petition is approved and you remain in valid nonimmigrant status, you will be eligible to adjust your status using the old I-485 and the I-526 approval. In other words, the pending AOS waiting for an available immigrant visa number will not affect the I-526 processing and the I-526 filing will not affect the pending I-485 (until it is approved, of course).

You will have to file a separate I-485 application on the basis of the I-526 petition. The I-485 application can only be filed when you are maintaining your legal status in the U.S. Once the I-526 petition is approved you will have to withdraw your original I-485 application and rely now on the filing of the new I-486 application.

No problem. You are permitted to pursue a green card through multiple avenues

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